Charli XCX's Viral Apple Dance Creator Sues Roblox Over Unauthorized Use in Game

Kelley Heyer, a TikTok influencer renowned for creating the viral "Apple Dance" to Charli XCX's song "Apple," has initiated legal action against Roblox. Heyer alleges that Roblox incorporated her dance into their game without obtaining her permission, subsequently profiting from it.

For those unfamiliar with current trends, the "Apple Dance" is a popular dance routine that Heyer choreographed and shared on TikTok, set to Charli XCX's song "Apple." The dance's popularity surged, earning mentions during Charli XCX's tour and on her TikTok platform.

It's not surprising that Roblox sought to include the "Apple Dance" in a collaborative event with Charli XCX within their popular game, "Dress to Impress." According to a report by Polygon, the lawsuit was filed last week in California. Heyer claims that Roblox initially approached her to license the dance for the event. Although she was open to licensing the dance, as she had done with Fortnite and Netflix through signed agreements, no final agreement was reached with Roblox.

Heyer's lawsuit states that Roblox proceeded to sell over 60,000 "Apple Dance" emotes, generating approximately $123,000 in sales, despite ongoing negotiations and without her consent. The suit emphasizes that the dance emote is not inherently linked to Charli XCX's song, asserting that it remains solely Heyer's intellectual property.

The legal action accuses Roblox of copyright infringement and unjust enrichment. Heyer is seeking relief in the form of the profits Roblox earned from the dance, damages for harm to her brand and herself, and attorney's fees.

Update 2:15 p.m. PT: Heyer's attorney, Miki Anzai, issued the following statement: "Roblox moved forward using Kelley's IP without a signed agreement. Kelley is an independent creator who should be compensated fairly for her work and we saw no other option than to file suit to prove that. We remain willing and open to settle and hope to come to a peaceful agreement."